Undoubtedly, the 2019 general election left some sort of ineffaceable sore taste in the mouth of the ruling All Progressives Congress, APC.

Even though candidates of the APC in Zamfara state secured resounding victories at the poll, however, the judiciary wielded the big stick against the party.

Upon the exhaustion of a legal battle that climaxed at the Supreme Court, all the candidates of the APC in Zamfara state in the 2019 general elections were compelled to forfeit all the votes they garnered at the poll.

The apex court, in a unanimous judgment by a five-man panel led by the then Acting Chief Justice of Nigeria, Justice Tanko Muhammad, declared the first runners-up in the elections as winners of all the positions that were earlier won by the APC and its candidates.

It upheld an earlier position of the Sokoto Division of the Court of Appeal that the APC did not conduct valid primaries in the build-up to the elections and as such had no candidate for any of the elective positions in the state.

The adverse judgement followed internal wranglings in the party involving factions led by then Governor of the state, Abdulaziz Yari and Senator Kabiru Marafa.

In the same year, the APC also lost the opportunity to present candidates in elections that held in Rivers state.

A Federal High Court in Port Harcourt nullified both the direct and indirect primaries that were conducted by two factions of the party.

The court restrained the Independent National Electoral Commission, INEC, from recognising any candidate of the APC for the 2019 general elections in the state.

It invalidated outcomes of parrallel primaries that were held by the factions on the premise that they acted in defiance to a subsisting court injunction.

Five years later, it would appear as if the Peoples Democratic Party, PDP, in Edo state, is somewhat, sliding towards the risk of becoming hunted by ghosts of the 2019 APC primaries in Zamfara and Rivers state.

Varied interpretations have trailed the judgement that was delivered against the party last Thursday by Justice Inyang Ekwo of the Federal High Court in Abuja.

With about 78 days to the governorship election billed to hold in Edo state on September 21, the court, faulted the process that led to emergence of the candidate of the party, Asue Ighodalo.

It held that the party wrongfully excluded some delegates who were supposed to participate in the primary poll it held at the Ogbemudia Stadium in Benin on February 22.

According to the court: “There is no doubt that the 2nd defendant (the PDP) neither complied with the relevant provision of its constitution nor the Electoral Guidelines for primary elections of 22nd February 2024.

“It is the law that political parties must obey their constitution, guidelines, and regulations.

“The failure to comply with the Electoral Guidelines is not different from the effect of non-compliance with the constitution of the political party or noncompliance with the provisions of the Electoral Act 2022.

“The decision of the 2nd defendant not to include the plaintiffs in the governorship primaries for which they were elected at the ward congress, was arbitrarily done.

“Ward congresses are to be held by the law, the party’s constitution, and Electoral Guidelines.

“After being held, they cannot be cancelled save in the manner provided in the Electoral Act 2022, party’s constitution, and electoral guidelines.

“I find that the second defendant did not comply with the provision of Section 82 of the Electoral Act 2022, Article 50 (3) of the constitution of the second defendant (as amended in 2017), and Article 1(b)(i) of Part I (page 5) and Article 4 (xii) of Part II (page 9) of the Electoral Guidelines for Primary Elections of 22nd February 2024.

“Consequently, I find that the case of the plaintiffs succeeds on the merit upon a preponderance of evidence as required by law. “I enter judgment on the terms as follows:

“A declaration is hereby made that by virtue of the provisions of Article 50 (3) of the constitution of the second defendant (as amended in 2017), the plaintiffs, together with the other lawfully elected delegates, whose names and election results appear on Exhibits BID 8A to 8L herein, are the lawfully elected ward congress delegates in their respective wards and by which the defendants cannot exclude them from participating as ad-hoc ward delegates at the Governorship primary election of Edo State slated for the 22nd of February, 2024 or any other date.

“An order is hereby made directing the defendants, who are bound by the provisions of Section 82 of the Electoral Act, 2022 and Article 50(3) of the second defendant’s constitution (as amended In 2017) to abide by the outcome of the ad-hoc delegates ward congress of February 4, 2024, at which the plaintiffs and the other 378 delegates, whose names and election results appear on Exhibits BID 8A to 8L were elected and to allow the plaintiffs and the 375 other lawfully elected delegates participate in the primary election of February 22, 2024.

“An order of mandatory injunction is hereby made restraining the first, second, and third defendants from unlawfully excluding the plaintiffs and the other lawfully elected delegates, whose names and election results appear on Exhibits BID 8A to 8L herein, from participating as ad-hoc ward delegates in the governorship election primaries of the second defendant slated for the 22nd of February, 2024 or any other date.

“This is the order of this court,” Justice Ekwo held.

The judgement followed a suit marked: FHC/ABJ/CS/165/2024, which was filed by aggrieved members of the party loyal to the impeached former deputy governor of the state, Mr. Philip Shaibu.

Led by Hon. Kelvin Mohammed, Mr Gabriel Okoduwa and Mr Ederaho Osagie, the plaintiffs told the court that they were the authentic ad-hoc delegates from 12 Local Government Areas and 127 Wards in the state. While the PDP had since dismissed the judgement, insisting that Ighodalo was validly elected as its flag-bearer for the impending poll, on the other hand, both the APC and Shaibu who is nursing the ambition of clinching the PDP ticket, welcomed the verdict.

Reacting through its National Publicity Secretary, Hon. Debo Ologunagba, the PDP, argued that the court did not nullify Ighodalo’s candidacy.

“The Party affirms that the Congresses and subsequent Governorship Primary that produced Dr. Asue Ighodalo as the winner and Party’s flagbearer were duly and legally conducted in strict compliance with the provisions of the Constitution and Electoral Guidelines of the PDP, the Electoral Act, 2022 and the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“The PDP maintains that no eligible delegate was excluded from participating in the Primary election which accreditation, polling, counting of ballot, collation and declaration of results were publicly conducted, monitored by officials of Independent National Electoral Commission (INEC) and relevant security agencies at the Samuel Ogbemudia Stadium, Benin City which exercise was also duly broadcasted live on national TV stations and multiple Social Media platforms.

“Moreover, the PDP holds that under the provisions of Section 84 (14) of the Electoral Act, 2022, the case is even of no moment as the plaintiffs have no locus to question the outcome of the Primary election not being aspirants in the exercise,” Ologunagba stated.

However, the APC, through its Campaign Council, urged Ighodalo to take the judgement in good faith and throw his weight behind its own candidate.

“The news of the disqualification of Mr. Asue Ighodalo as the People’s Democratic Party (PDP) candidate has been received by Edo people as relief from imposition of forgery and continuation of self-serving governance in our state.

“APC as a progressive party, is calling on Mr. Ighodalo to join hands with Senator Monday Okpebholo to retake the state and reset it for prosperity.

“What is more important at this point is the interest of Edo people who are eagerly waiting for solutions that will ensure food security, accessible and affordable healthcare, and thriving economy,” a statement by the Director, Publicity Committee of the APC Governorship Campaign Council, Comrade Orobosa Omo-Ojo, read.

As events unfold within the coming days, one can say with certainty that the PDP will take the matter before the appellate court for judicial clarity.

(CDA News)